We recently spoke kindly of the announcement by United Fresh that it was calling for mandatory government regulation of the produce industry.

It was quite a turn-around for United, as one of the leaders of the Buyer-led Food Safety Initiative pointed out to the Pundit that it seemed like just yesterday that Tom Stenzel, CEO and president of United Fresh, traversed the country repeating like a mantra that the problem was “One day at one plant on one product.”

To go from the notion that this was an isolated, almost idiosyncratic, problem to the notion that the solution is mandatory government regulation of hundreds of items that have never been implicated in a food safety outbreak, grown in 50 states, over a hundred countries and tens of thousands of growing areas is a big leap.

So big, in fact, that it is likely nothing is going to happen — at least for a long time. It is not obvious to this Pundit that the South Carolina peach industry, the Montana cherry industry, the Idaho plum industry or the Vermont organic produce industry are going to join in and beg Congress to pass, and the President to sign, a bill to regulate them.

These may not be the largest produce industry segments, but as everyone who looks to get laws passed knows, it is quite hard to get things through the Senate if even one senator really wants to stop it. Typically the Senate runs, if it is running at all, on the “unanimous consent” of its members.

In addition, our obligations under the World Trade Organization require regulations imposed on imported items to be science-based, and there is some doubt that we will be able to develop the scientific backing to successfully defend the regulations ultimately enacted.

Our sense is that the domestic support for this kind of law would collapse if US growers felt that foreign producers would not be held to the same standard.

The logistics are also daunting. We still have not finalized the Good Agricultural Practices document for spinach, lettuce and other leafy greens — this despite the advantages we have had: First, we had an existing document. Second, it is a field with large companies and processors that had already thought long and hard about food safety. Third, we have been able to give a virtual carte blanche to the limited scientific and technical staff of our associations to work on this full bore. Fourth, major research institutions such as the University of California at Davis were positioned to help. Fifth, we have been able to get substantial amounts of money quickly to further research in this area. Yet with all these advantages, the document still isn’t done.

How many years will it take to draft similar documents for every item?

Then we still have to deal with implementation. How many highly trained and skilled auditors are there in the country? In the world? How many years will it take to educate and train a staff to audit every item in every country on the planet that might find its way to the U.S.?

Perhaps United needs to take a step back in order to move two steps forward.

It can keep the idea of mandatory federal regulation of the produce industry as a long-term goal. But develop a parallel legislative strategy to achieve this goal in stages. The logical first stage would be a national regulatory program for spinach, lettuce and other leafy greens.

This would avoid an internal produce industry clash as many growers, commodity groups and regional associations resist United’s call. It would also create a useful case study on how regulation works on fresh produce, and other commodities would watch it with interest.

Most importantly, it would also avoid this terrible danger: That having made its pronouncement, but being unable to effectuate it into law, nothing happens at all… until the next outbreak.

It looks like the California Marketing Agreement, having been certified by the state and with the board soon to be appointed, will actually be affecting the trade and food safety very soon.

Yet for many reasons, any state-based, commodity-specific plan is problematic for an industry that operates on a national and international scale.

We’ve dealt here with the enormous consumer confusion going to be caused by this seal on a product category that is A) grown in Arizona half the year, and B) that often is produced out of California with some locally grown ingredients, as Dole Vegetable’s President Eric Schwartz told us here that Dole’s new plant, built in Bessemer City, North Carolina, is going to draw on more east coast produce such as that from Florida and New Jersey.

What is clear is that even if the California Marketing Agreement substantively raises food safety standards in the growing of spinach, lettuce and other leafy greens and thus is good for the industry, the use of the seal in consumer marketing is bound to cause confusion.

Without rhyme or reason that could possibly be obvious to consumers, the seal will be on some commodities but not others, be obvious during certain times of the year but not others, be available on some blends but not others. It is a train wreck waiting to happen.

So, the answer is that companies such as Dole, which announced its voluntary assent to the Marketing Agreement, should also announce that they will refrain from using the seal in consumer marketing or packaging.

The signatory companies are still bound legally to produce to the standards of the Marketing Agreement. Though they don’t have to use the seal if they don’t want to, they can still promote their participation to the trade and even use the seal on trade packaging as a trade buyer is more sophisticated and is able to understand that this seal only can be used on California produce and only on spinach, lettuce and other leafy greens.

By not promoting the seal to the consumers, the industry will take a step forward on food safety without taking a step backward in rebuilding consumer confidence.

To its enormous credit, the California Marketing Agreement component of the Western Growers Association’s proposed solution to the spinach/lettuce E. coli 0157:H7 crisis is a program that it can actually make happen. In fact, the board is in the process of being chosen right now.

United’s proposal for government regulation is not something United has it in its power to implement directly. It is not a solution that it can put in place; it is more an expression of desire that Congress and the President put in place a solution to the problem than an actual solution.

Equally, our initial response to the Buyer-led Food Safety Initiative was a little melancholy because the buyers appealed to the associations to solve the problem instead of changing their own buying standards. As with United’s proposal, the Buyer-led Food Safety Initiative was more of an expression of desire that someone else — in this case the trade associations — should solve the problem.

Coming back from Fruit Logistica in Berlin, the most notable substantive difference in the offer that produce vendors make to buyers is that each vendor flaunts its multiple certifications. The base line is EurepGap. If you are a grower in Uruguay or Senegal or Croatia looking to sell to large European chains and, especially the big four British chains, the very first thing you have to do is get EurepGap-certified. It is the “price of admission” to do business with these companies.

The Gold Standard is probably the Marks & Spencer program known as “Field-to-Fork,” which incorporates EurepGap standards and also goes beyond food safety to include all kinds of environmental and ethical standards. Marks & Spencer describes it this way:

FIELD-TO-FORK

In 2003 we launched a new over-arching set of standards to cover the management of our supply chain for fruit, vegetables and salads. These were drawn up after consultation with suppliers, government bodies and other organisations and covers aspects of production from “field-to-fork”.

We have commissioned independent research to look at similar systems around the world. As a result, we believe our Field-to-Fork scheme goes beyond the British and European assurance schemes used by other retailers, being the first to include such a wide range of requirements. Our standards cover traceability, minimising pesticide use, ethical trading, support for non-GM foods and food safety. They also recommend our suppliers move towards recognised best practice schemes on issues such as protecting the Environment — by adopting LEAF (Linking the Environment — and Farming) Marque, which provides independent certification that standards have been met (see www.leafmarque.com/leaf/ for more information).

Notice how close Marks & Spencer comes in this quote, which is from its website, to promoting its food safety standards as better than its rivals.

The interesting thing is that none of these standards are government requirements. They are driven by the British retailers.

In fact, it recently started to happen in the U.S. Want to know the retail chain that has had the most substantive impact on moving U.S. produce companies to higher level certifications? The name is Tesco. The British-based chain that is preparing to launch its first stores in Arizona.

While our industry has been consumed with its search for an industry-wide solution, Tesco, in preparation for its U.S. launch, has been quietly approaching suppliers and getting them to understand what standards must be met to be a Tesco supplier.

And they are listening. More than one grower told the Pundit that they have had the opportunity to do business with Darden but never acted on it because Darden’s standards were expensive and difficult to meet while the volume on the lines these growers sold was small.

Tesco, which tells people it is going to move big volume, is another bird entirely.

In fact, what Tesco is doing in developing a supplier base for its new stores is really just a follow up to what has been going on in the export deal for years. Those companies looking to supply the big U.K. retailers have been subjecting themselves to these difficult-to-meet standards for years.

The motivation? Business.

As such, we are rapidly approaching a moment of truth for each member of the Buyer-led Food Safety Initiative. The Western Growers approach — one commodity and one state with uncertain prospects for going mandatory or national — seems to be limited in its effectiveness to stop future foodborne outbreaks, certainly for other commodities and other growing regions.

PMA is supporting the industry efforts financially, but has not articulated any program of its own.

This all means that the trade associations and the government seem unlikely to solve the problem.

In the end, retailers will have to get involved in this issue because they are the consumers’ advocate. But they are not the general consumers’ advocate — they are advocates for their own customers.

And, at this point, it is clear that no industry-wide effort will solve the problem.

So these retail and foodservice operators have a responsibility to take care of their own customers.

The best single start to such an effort would be for the retailers who have signed the Buyer-led-Food Safety Initiative, especially the big ones, to simply announce that they continue to support industry efforts, but in the meantime, after an 18-month phase in, they will not buy produce that is not certified to meet the food safety and traceability standards of Marks & Spencer, Tesco, ASDA and Sainsbury’s.

Note that no research is required, no laws need to be passed, no resolution of trade associations must be issued. These standards all exist and are already being audited.

The standards may not be perfect. As science advances, they can be changed and enhanced, but the British example is the most likely path to quick improvement in food safety. It is certainly the most reasonable method for the big buyers, who are working for their customers, to ensure they are selling them food grown under a world-class food safety system.

As if the freeze and the loss of Bee Sweet Citrus wasn’t enough, it seems that a charter ship deal that gave Sunkist a material advantage in selling to Japan is now over.

While at Fruit Logistica, a friend in the banana business tells us that Sunkist has benefited from a special arrangement with Lauritzen-Cool for sharing a charter ship to Japan. It seems that the Japanese will buy too few bananas from Ecuador to fill the ships and the charter service is being cancelled. Now Sunkist must use containers like everyone else to Japan.

Although the Sunkist brand is super strong in Japan, some Japanese trade buyers feel that Sunkist used its shipping advantage to dictate terms. Now that Sunkist is no longer wielding the charter-boat club, for the first time in years these buyers are looking for alternatives to buying Sunkist.

Of course, freezes and charter boats are temporary phenomena; it is governance that is a long term problem. At Sunkist, a wacky Federated Co-Op structure has put packers, whose interests often conflict with growers, in places of enormous influence.

This long term problem must be resolved for Sunkist and its growers to prosper.

One of the things that stood out at Fruit Logistica in Berlin is the cultural differences between Europe and the U.S. In Berlin it was hard to find a booth without some food and drink for guests. The large booths featured large hospitality areas with food and beverages.

The Chiquita booth, which was truly beautiful — and served as the anchor for the new Americas Pavilion — was basically a bar with hostesses serving tropical drinks operated under a roof suggestive of tropical plantation house.

Partly this reflects the role of food and drink as the centerpiece around which life revolves in many European countries. Coffee, some wine, water, cookies… these are the basics to be available for any meeting.

This trend is reinforced on the floor because of the European practice of building convention centers on the outskirts of town with few large hotels nearby. This means that attendees are widely scattered.

In addition the shows are a long day — typically from 9:00 AM to 6:00 PM — so between location and schedule, there are many fewer client dinners, hotel hospitality suites etc. It becomes imperative that the booth experience provide an opportunity to extend hospitality to clients.

Also with no nearby hotel suites to cut out to for private meetings, people spend much more time in their booths and much more business is done on the show floor. We saw exhibitors sit at a table in their booth and plan out a whole season. First, they met their German customer, then the Russian, then French, Swedish, U.K. etc. These were not social meetings; they planned volumes, promotions, price, etc.

Many things at the show are very beautiful. In general, the produce displays were better and the booths themselves, many of which were paid for by the government, were more beautiful.

The hospitality is really lovely, endearing, a joy.

And the idea of keeping people, especially buyers, on the show floor longer is an answer to a dream come true for PMA, United Fresh and CPMA, all of which suffer because many big buyers attend the shows but are barely seen on the floor as they hole up in hotel suites doing performance reviews and whatnot.

Yet, despite its obvious appeal, very little is particularly applicable to America.

We are too fast-paced to sit down at every booth for espresso, a chocolate and small talk. We would be horrified to have everyone see who we are talking to and even overhearing details of the conversations.

We don’t want our employees drinking on the job and many aren’t used to it so might behave badly if we gave them the chance.

It is a beautiful, mind-broadening experience to attend, but one hopes they won’t try to become more “American” and that the American shows won’t try to become more “European.” They both succeed because they fit the world they serve.

The homogenization of the world has gone quite far. We will all enjoy the world more if we keep the distinctiveness of these very different events.

Another distinction between Fruit Logistica and US events is the way audience figures are reported. In Berlin, the fair is strictly prohibited from reporting anyone who works for an exhibiting company as an attendee.

This is somewhat unfair since many exhibitors, such as fresh-cut processors, can both be big vendors — say of packaged salads — and big buyers — of produce, salad dressings, packaging, machinery, etc.

Still it is not uncommon in the US for a quarter of the reported attendees at trade events to be exhibitors — sometimes more.

There is an ad hoc group that started it all. The National Restaurant Association has its group working on a program and the Food Marketing Institute held a conference. All these buyer-led initiatives can get confusing, so to assist the trade in keeping track of them all, we are publishing this recap of coverage all in one place.

As new developments occur, we will continue to update this recap to help keep the trade organized on this important subject.

“…in the end, the strength of our food safety systems is at least as dependent on what retailers demand as they are on what the government does for the simple reason that what retailers pay for is what they are going to get.”

Then in the issue of the Pundit’s sister publication, PRODUCE BUSINESS, which was unveiled at the PMA Convention in San Diego on October 21, 2006, we published Food Safety Is A Retail Issue, which pointed out:

“…what holds suppliers back is not that they need an FDA regulation — it is that they need to see a willingness on the part of buyers to pay more to obtain a higher level of food safety and security. So far that is missing.”

The Buyer-led Initiative for Food Safety was then announced. In time it came to be signed on to by nine important buying organizations:

“Buyers can impose standards on their suppliers, but it seems as if the big grower members of WGA are more inclined to go with a mandatory program. Perhaps because this is more easily “saleable” to consumers, perhaps because the growers have no confidence that buyers will ever agree to a uniform standard on food safety and, perhaps, because growers know that buyers today can have the best of intentions but situations change and buyer’s change — and if legal product is available for much less money, that will put a lot of pressure on an organization to change its standards.”

“Here’s the Pundit’s suggestion to the buyers: Don’t wait for the deadline to pass. Withdraw the letter to the associations, which can only lead to endless negotiations with grower/shippers and watered-down food safety standards. Instead, create a temporary ad hoc consortium to spearhead the quick development of science-based food safety standards.

In the short term, these will be enforced by buyer demand, hopefully including other buyers who will buy into the plan; in the medium run the plan will be turned over to state authorities in California and federal authorities in Washington, D.C., as the basis for new mandatory regulation.”

“What we should have learned from the FDA loss of confidence in the industry is that food safety is not something that we negotiate over. It has to be driven by the best scientific knowledge we have.”

Mark Munger of Andrew-Williamson Fresh Produce, a grower/shipper, pitched in his thoughts on the important role buyers play in the food safety arena and, on November 8, 2006, we published Pundit’s Mailbag — Insights From A Conscientious Grower, which specifically praised one foodservice customer:

I also have to commend one of our customers, who I believe demonstrates the value of collective partnerships between growers and customers. Two years ago we began working with Darden Restaurants. Darden takes food safety very seriously. They have empowered a food safety team that must approve each and every supplier. They have inspectors in the field who make weekly random inspections of growing operations, picking and packing programs. When problem issues are identified, they work closely with our food safety team to help educate our team and to ensure that collectively we fix the problem. The knowledge that an inspector can be in any field or packing shed at anytime has forced us to treat every day as an inspection day.

Additionally, Darden’s food safety team is separate from their buying team. If a farm is not up to par, they have the authority to stop all transactions until the problems are fixed. They truly put their money where their mouth is and have helped us become a markedly better company. I cannot think of a better example of the power of collective thinking between suppliers and customers. I think the industry would be well served to learn more about their programs and create similar models.

Not surprisingly, the Food Marketing Institute was not going to be content to sit this one out and, on November 10, 2006, we published FMI Steps Into The Food Safety Fray, which detailed a conference scheduled for December 5th at which FMI would host representatives from industry, associations, academia and government to advance food safety issues. Unfortunately, FMI decided to exclude the media and we pointed out:

“…if the goal is to build public confidence in the process the industry is going through, you not only open it to media, you send a velvet invitation to the big consumer media groups.

It smells of smoke-filled rooms where deals will be cut in secret. If you let in some light and air, everyone will have more confidence in the final product.”

On November 14, 2006, we published Pundit’s Mailbag: Grower/Shipper Calls Buyer Led-Food Safety Initiative Hollow Call To Action, in which a respected grower/shipper pointed out that “This is where the retailers must step out of their ivory towers and get their walk (vendor relationship) to match their talk (aligned supply chain)… If those who signed on to this letter would get committed to buying only from “qualified suppliers,” the laws of supply and demand will drive the solution and we will quickly catch up with the rest of the world in this critical area.”

On November 17, 2006, we featured Tale Of Two Buyers, in which we pointed out: “If the VPs are sincere about wanting the buyers to place food safety first, the VPs have the responsibility for changing the culture and the economic incentive systems.”

On November 21, 2006, we published Tim York Takes Leadership Role In Food Safety Crisis, which features an extensive interview with Tim York of Markon Cooperative as well as the announcement that the Buyer-led Food Safety Initiative gained ten new retail signatories:

Despite the impressive show of buyer support, we expressed some concern: “…it is also pretty clear that the prospect of one unified food safety standard acceptable to every one of the signatories, much less to those who have declined to sign, is somewhere between nil and nothing.”

We also quoted buyers who had declined to sign the letter mostly due to their objection to the public nature of the initiative. We also pointed out how vendors were thinking:

Pundit Note: Many growers and shippers are irate over the effort as they see it as an evasion of responsibility. These buying organizations get exactly what they value enough to pay for. All too often, some of the same companies who signed the letter on Monday will, on Tuesday, buy some product without the slightest knowledge of where it came from.

On November 30, 2006, we continued our exploration of why some buyers were declining to join the buyer-led initiative with Self-Interests Play Role In Food Safety Initiatives. Also on November 30, 2006, we received a letter from Al Zuckerman of ProMark Group, which we focused on in Pundit’s Mailbag — Pundit Logic On Food Safety Regulation.We pointed out: “In terms of the difficulties on spinach and leafy greens, the key buyers are missing from the Buyer-led Food Safety Initiative. The buyers of the produce, in this case, are the processors.”

On December 1, 2006, we published Spinach And The Consequences Of Buyers’ Action, in which buyers who hadn’t signed on to the buyer-led food safety initiative pointed out that rigorous food safety systems will restrict supply and raise prices.

As we explained: “It is unknown if those who don’t buy spinach because of high prices will buy healthy alternatives. They may buy candy bars and die of complications of obesity. It is a completely open question as to whether safer spinach won’t cost lives in the end.”

On December 5, 2006, we continued our discussion with buyers who refused to sign the Buyer-led Food Safety Initiative by noting that some of them weren’t thrilled with the Western Growers Association proposal either. Our Piece Is WGA’s Food Safety Proposal Up To The Job?dealt with the problems created for the industry when one region is declared “safer” than another and with the difficulty of utilizing a marketing order to legislate world class food safety practices.

Additionally on December 6, 2006, we ran a letter from Tim O’Conner, President & CEO of the United States Potato Board in our Pundit’s Mailbag — Buying Safe Food In A Changing Worldin which Tim explained: “Given my experience with government inspection and regulation, I place much more value on a supply chain-led initiative to deliver meaningful long term results.”

On December 12, 2006, we ran Taco Bell Makes Ready Pac Its Scapegoat, which explained that the attitude of shared responsibility for food safety that is essential for success can’t be sustained if a buyer dumps an innocent vendor at the first sign of trouble.

We were particularly intrigued by the possibility that C.H. Robinson’s participation, as a major vendor to Wal-Mart, might mean that Wal-Mart saw some usefulness in being somewhat related to the initiative.

We’ve been asked to make available in one place our coverage of the recall by Wm. Bolthouse Farms of certain 100% carrot juice products and the broader implications of this issue for food safety. This piece is updated regularly and will be re-run to include new coverage of this outbreak and issue.

We initiated our coverage on October 2, 2006, by publishing the FDA notice to consumers warning them not to drink the product, and we inquired as to the margin of safety on the product. You can find the piece, entitled Oh No! Another Outbreak, right here.

On October 4, 2006, we published Bolthouse And Juice Refrigeration, which analyzed the proper standard of refrigeration for vulnerable products and the ability of both the trade and consumers to maintain that cold chain. Read it here.

October 5, 2006, we ran Botulism III, which detailed the 12 steps in the distribution chain that the industry needs functioning properly in order to maintain the cold chain. The piece challenged retailers to evaluate the integrity of their own cold chain. You can find the piece here.

In The Botulism And E. coli Connection, which we ran on October 6, 2006, we noted similarities between the botulism outbreak on certain Bolthouse carrot juice and the spinach/E. coli outbreak. The piece is right here.

On October 10, 2006, we noted, in Bolthouse Botulism Case Hits Canada,that two Canadians were now victims of this botulism case and noted that it was an unusual cluster to occur at one time if the problem was solely temperature abuse by customers. You can catch it here.

October 11, 2006, we ran Carrot Juice Still On Canadian Shelves, we noted that Canadians were getting upset over the inability of Canada’s public health authorities to execute a simple product recall and that the frequency of recalls was raising questions over the safety of California produce. Read it right here.

On October 13, 2006, we ran Lobbying For Better Refrigeration urging industry lobbyists to work on legislation to make sure consumers have the tools they need to keep product safe at home. The article is here.

October 18, 2006, we ran a Pundit’s Mailbag — Thermometers In Refrigerators, disagreeing with our urging of legislation regarding thermostats and refrigeration. You can read the piece here.

The Pundit originally ran the Pundit Rewind on September 21, 2006. We continuously update it in order to keep everyone organized with respect to reference material on this subject; we have updated it with new items and run it again today.

Spinach Crisis Summary

With so much having been written in so short a time, thought it would be helpful to publish a sort of round-up of available material to help people understand the whole situation regarding spinach and this E. coli breakout:

The Perishable Pundit itself has dealt extensively with the subject in several major pieces. On September 15, 2006, we published Spinach Recall Reveals Serious Industry Problems, which addressed the implications of this crisis for the fresh-cut industry. You can read the piece here.

On September 18, 2006, we published Organic Dodges a Bullet, which deals with the implications of the outbreak for the future of organic farming. You can find this piece here. Also on September 18, 2006, we ran a piece called Ramifications and Reflections on the Spinach Recall, which provided our first 10-point analysis of the situation. You can read it here.

September 19, 2006, we asked Is FDA’s Concern Now an Obsession? — a piece in which we assessed whether a national recommendation to not eat spinach made any sense. You can review this here.

On September 20, 2006, we noted 10 Peculiarities about the E. coli Outbreak and reviewed why certain aspects of the situation are unlike past food-safety challenges and other unanswered questions regarding the outbreak. Read this one right here. Also on September 20, 2006, we did our third 10-point list, calling this one “Spinach Recall Begs for Solutions”, where we reviewed how the trade can deal with this issue for the future, including looking at the meat industry, the prospect of universal testing and the use of RFID and GTIN. You can read all this here.

On September 21, 2006, we asked Is FDA Causing Long-term Damage? Here we posed the question of whether punishing the innocent and the guilty alike doesn’t reduce incentives to invest in food safety. You can read this piece right here.

The September 25, 2006 edition of the Pundit includes our fourth 10-point list entitled Though Not ‘All-Clear’, Consumers Can Eat Spinach Again, which reviewed many issues facing the industry as spinach begins to reenter the market, including the FDA’s announcement, PMA consumer research, the behavior of industry association, battles over fresh-cuts and organics, the reintroduction of Salinas Valley production, the FDA’s capabilities, and more. You can read this piece here. Also on September 25, 2006, we reviewed The Role of Retailers And The Future Of Food Safety, which pointed out that buyers have an important role in insuring food safety. Catch this piece here.

Additionally, on September 25, 2006, we ran the Pundit’s Pulse Of The Industry in which a panel of retail Pundits gave us insight into the way the spinach issue played in store and with consumers. You can read it here.

The Pundit on September 26, 2006, included an articled entitled The California Department of Health Services Owes People An Explanation in which the question was raised whether certain parties received preferential treatment in the current spinach/E. coli outbreak. Read it right here. Also on September 26, 2006, we did a piece questioning the efficacy of our trace-back systems. The piece was titled More Recalls Trickle In, and you can read it here.

On September 27, 2006, the Pundit analyzed the bad publicity that the Salinas Valley has received and asked Is Salinas Getting A Bum Rap On Food Safety? The piece can be read right here.

September 28, 2006, the Pundit included a piece entitled Call For Stronger FDA that analyzed the demand of some in the food industry for beefing up the FDA and its budget within the context of the spinach/E. coli situation. You can read it here.

On September 29, 2006 we did a piece called Lies, Damned Lies And Statistics that explored the contradiction of modern life that has led things to seem less safe, even as they are actually safer. Read the piece here.

October 2, 2006 we ran The FDA Needs to Reexamine Its Methodology, inquiring why it was necessary to shut down a whole industry when, as far as we know, it was only Dole brand bagged spinach that was implicated? Read it here. Also on October 2, 2006, in a piece called Needless Recalls, we examined how even if many of the recalls were unnecessary, the recalls revealed big flaws in the trade’s traceback systems. You can find the piece here. Another piece October 2, 2006, entitled Deconstructing FDA, analyzed the FDA’s statement regarding the end of the spinach crisis. The piece is right here.

The Pundit also ran a piece entitled Action Plan to Regain Consumer Confidence that both discussed the industry plan and proposed an alternative plan. Read about it here. Also on October 2, 2006, we did a piece called Collateral Damage vs. Assumption of the Risk, which analyzed some of the liability issues surrounding the outbreak. You can find the piece here. Additionally, on October 2, 2006, we published the second in our series of Pundit’s Pulse Of The Industry. This one including insight from Bob Edgell of Balls Foods and Ron McCormick of Wal-Mart, regarding reaction at retail as spinach outside California became available. Read it here.

On October 4, 2006, the Pundit ran a piece entitled In Defense of Salinas, in which, based on a discussion with a Salinas farmer, we outlined five points you need to understand about the relationship between the Salinas Valley and this outbreak. You can find it here. Also on October 4, 2006, we published Notes On Natural Selection: It Could Happen To You, which discussed the new food safety plan revealed by Natural Selection Foods and discussed the necessity of product testing. Read it here.

October 5, 2006, we analyzed the implications of the FBI raid in Salinas with Just when you thought it was safe to go back in the water… You can read the piece here.

We also explained on October 5, 2006, the involvement of Growers Express in the FBI raid in a piece entitled Bailando Juntos (Dancing Together), which you can find right here. What’s more, we discussed on October 5, 2006, why Canada is still banning U.S. spinach and what that implies about relations between the FDA and CFIA. The piece is called U.S. Spinach Still Banned in Canada, and you can read it here.

On October 6, 2006, the Pundit pointed out the importance of considering the human costs of our actions in A Look At The Faces, which you can read here. Also on October 6, 2006, we analyzed how increased use of a federal network was bound to mean the recording of more frequent food safety outlets in a piece entitled PulseNet Ups Ante In Food Safety Battle, which can be read right here.

Although not strictly speaking spinach-related, when one company voluntarily recalled certain green leaf lettuce, it was a decision affected by the overall environment caused by the spinach/E. coli situation. In Nunes Recall Reveals Testing Dilemma, published on October 10, 2006, we analyzed how stricter standards may lead to more frequent recalls. Catch the piece here.

October 11, 2006 we pointed out that the Center for Disease Control was beginning to see fresh-cut in a whole new light. You can read CDC’s Aha! Moment right here. Also on October 11, 2006, we offered Heads Up — Political Posturing On SpinachBegins, pointing out that the a State Senator in California was going to start some hearings. Read the piece here.

On October 12, 2006, in PulseNet Asleep At The Wheel, we detailed that the nation’s food safety bulletin board likes to take off on weekends. Read this astounding piece here.

Dangerous E. coli Found On One Ranch ran on October 13, 2006, and points out that this finding doesn’t tell us much. Read it here. Also on October 13, 2006, we ran Fast Testing For Pathogens Necessary, which pointed out that product testing is bound to happen and discussed options and obstacles. You can read it here.

October 18, 2006 the Pundit ran a piece in which PulseNet Explains Why It Doesn’t Work Weekends. You can find the piece here.

On October 19, 2006, the piece Pundit’s Mailbag — Greenhouses and Vertical Farming explores the potential of greenhouse and hydroponic growing in the light of the spinach/E. coli crisis. The article also explores the potential for vertical farms in urban neighborhoods. Read it here.

On October 24, 2006, we published Town Hall Spinach Meeting: Unanswered Questions, in which we analyzed what we learned and what was still a mystery after attending a Town Hall Meeting on the spinach crisis at the PMA Convention in San Diego. You can find this piece here.

October 27, 2006, we ran a piece entitled PMA Commits $1 Million To Food Safety Fixes and you can read it here. Also on October 27, 2006, we thought part of the fallout from the crisis would be a reexamination of the industry’s government relations efforts and so wrote PMA/United Merger Fresh On Our Minds. You can read it right here. Additionally on October 27, 2006, we ran Pundit’s Mailbag — Greenhouse Solutions dealing with whether Controlled Environment Agriculture might be the solution to the trade’s food safety issues. Read it right here.

On October 30, 2006, we responded to a very important proposal from several leading members of the buying community with Buyer-Led Food Safety Effort Leaves Open Question of Buyer Commitment. You can read the piece here. After the government announced that it was looking at wild pigs as the culprit in the E. coli contamination, we ran, on October 30, 2006, a piece entitled Now We Know Why Spinach Salad Is Served With Bacon Dressing. Read it right here.

On October 31, 2006, we published Western Growers Association Calls For Mandatory Food Safety Standards, in which we discussed the epochal change taking place as the industry looked to move to mandatory, as opposed to voluntary, food safety standards. You can read it right here.

November 2, 2006, we published Opportunity For Buyer’s Food Safety Initiative, which raised the idea that not involving growers in setting food safety standards was a good idea. Read it here.

On November 7, 2006, we ran a piece entitled NRA Forms Produce Safety Working Group that discussed a new National Restaurant Association initiative to impose standards on suppliers to foodservice. You can find the piece here. Also on November 7, 2006, we published Pundit’s Mailbag — United’s President/CEO Responds (Part 2), which dealt with the question of how much difference a good government relations program can be expected to accomplish at a time of crisis. Read it here.

November 8, 2006, we ran a valuable Pundit’s Mailbag — Insights From A Conscientious Grower that focused on the value buyers can bring to food safety programs. You can read it here.

On November 10, 2006, we published FMI Steps Into Food Safety Fray, which details the role a food safety conference FMI is organizing might play in helping the industry develop new food safety protocols. You can find the piece here.

November 14, 2006, we ran Pundit’s Mailbag — Grower/Shipper Calls Buyer-Led Food Safety Initiative Hollow Call To Action, in which a respected grower pointed out that growers needed retailers to walk the walk not talk the talk. Read it here.

On November 15, 2006 we published PulseNet, And The Pundit, In The News, which linked to a TV station that picked up on our reporting on ways to improve PulseNet. Read it here. Also on November 15, 2006, we published Pundit’s Pulse Of The Industry: Westborn Markets, Schnucks, Wal-Mart, in which these retailers updated us on how the market for spinach and bagged salads is recovering. You can find the piece here.

November 16, 2006, we had a piece entitled Pundit’s Mailbag — Kill Steps And Irradiation that dealt with the industry concern that no matter how we strengthen our agricultural practices, only a “kill step” can really solve the problem. Read it here.

On November 17, 2006, we published GAPs/GMPs And HACCP Plans, in which United Fresh President/CEO Tom Stenzel gives his take on what happened during the spinach crisis. Read it here. Also on November 17, 2006, we ran Tale Of Two Buyers, which pointed out that culture and compensation may matter more than intent when it comes to food safety. Find it right here.

November 21, 2006, we ran Tim York Takes Leadership Role In Food Safety Crisis, which updated us on the progress of the Buyer-led Food Safety Initiative. Read it here.

On November 22, 2006 we presented The Perishable Pundit’s Unsung Heroes Award to Hank Giclas of Western Growers Association, David Gombas and Jim Gorny, both of United Fresh Produce Association. Read all about it right here. Also on November 22, 2006 we reported the explosive news that the whole consumer advisory not to eat spinach might have been avoided had certain processors cooperated with the FDA. The piece is called Spinach Farmers Won’t Be Thanking Certain Processors This Holiday and you can read it here. Additionally, on November 22, 2006 we explained that restricting product usage could reduce the impact of future outbreaks. The article is called If You Are Eating Out For Thanksgiving… and you can find it here.

November 28, 2006 we published Words From Buyers Who Did Not Sign The Food Safety Initiative that explained one objection to the way the initiative was being handled. Read the piece here. Also on November 28, 2006, we wrote Don’t Forget The Regional Spinach Processors, which showed how Aunt Mid’s Produce Company in Detroit, Michigan, was communicating with its customers. Catch it here.

On November 29, 2006, we ran a piece called Another Naysayer of Buyer-led Food Safety Initiative that focused on the thoughts of some buyers that only mandatory government regulation would help the industry. Read it right here.

On November 30, 2006, we published Self-Interests Play Role In Food Safety Initiatives, a piece that continued our series on why some buyers don’t wish to sign on to the Buyer-led Food Safety Initiative. You can find the article here.

On December 1, 2006, we continued our exploration of why some buyers elected not to sign on to the Buyer-led Food Safety Initiative with Spinach And The Consequence Of Buyers’ Actions, a piece that looked at how food safety might impact prices and public health. Read it here.

Also on December 1, 2006, we published Pundit’s Pulse Of The Industry: Del Taco’s Janet Erickson and Notre Dame’s Dan Crimmins, which explored how smaller foodservice operators were looking at food safety. Catch it right here.

Additionally on December 1, 2006, we ran Pundit’s Mailbag — Sprout Lessons Echo Food Safety Dilemma, which pointed out what the broader produce industry can learn from the food safety woes of the sprout industry. You can find the piece here.

On December 5, 2006, we asked Is WGA’s Food Safety Proposal Up To The Job?This piece discussed both the difficulties of setting different food safety standards in different regions and the difficulty of establishing food safety standards through a marketing order. Read it here.

On December 6, 2006, we ran Nine Days To B-Day (The Buyer-led Food Safety Initiative Deadline), which dealt with what will happen if the trade associations do not meet the deadline set by the buyers. Read the piece here. Also on December 6, 2006, we continued our series on foodservice and food safety by running Pundit’s Pulse Of The Industry: Michael Spinazzola Of Diversified Restaurant Systems, and you can find this article here.

Additionally on December 6, 2006 we ran a letter from Tim O’Conner, President & CEO of the United States Potato Board in our Pundit’s Mailbag — Buying Safe Food In A Changing World, catch this piece right here.

On December 7, 2006, we ran FMI Meeting On Food Safety: More Questions To Be Answered, which looked, from a retailer’s point of view, at the contribution of FMI’s effort to play a role in preventing a future leafy green crisis. Read it right here.

December 8, 2006 we ran Pundit’s Mailbag — Trapping Stations And Food Safety Costs in which a letter from Jack Vessey of Vessey & Company detailed some costs being incurred as a result of buyers’ demands for various food safety efforts. Read it right here.

On December 12, 2006, we published New Meaning Of A Value Meal: Cultural Change Needed To Factor In Food Safety, which dealt with the way a cultural imperative to low prices could lead food safety to be sacrificed. Please read it here.

Also on December 12, 2006, we ran Pundit’s Mailbag: Aligned Supply Chains And Statistical Quirks, which analyzed the way the tyranny of large numbers can impact our perception of the food safety problem. You can catch this right here.

On December 13, 2006, we ran Wholesalers, Independents May Get Windfall From Buyer-led Food Safety Initiative, which pointed out that a buyer-led initiative would likely leave lots of growers looking for homes for their product and that wholesalers and independents could benefit. Read it here.

Also on December 13, 2006, we published Pundit’s Mailbag — Eliminating E. coli 0157:H7, which argued that we should look for legislation to prevent cattle from polluting with E. coli 0157:H7 and look to eliminate E. coli 0157:H7 from the food chain. Catch the piece here.

On December 14, 2006, we published Pundit’s Mailbag — Transitional Ground, which dealt with the food safety implications of the presumption that the spinach implicated in the spinach/E. coli outbreak was grown with organic methods on ground being transitioned to organic. Read the piece right here.

On December 15, 2006, we published the Pundit Special Science Report:Part 1 — Food Safety Vulnerabilities in Yuma And Salinas; Part 2 — The Science Of Waterborne Bacteria; Part 3 — Product Testing At Natural Selection Foods & McEntire Produce. The whole report can be found here.

On December 19, 2006 we published Irradiation Will Prevent Future Outbreaks which dealt with the need for a “kill step” in produce. You can read it here. Also on December 19, 2006 we ran Pundit’s Mailbag — Organics And Manure which dealt with the issue of the use of manure in modern agriculture. You can find the piece right here.

On December 20, 2006, we published The Cultural Contradictions of Food Safety, which analyzed how growers are placed in a financial and ethical dilemma by issues of food safety. Read the piece here. Also on December 20, 2006 we ran Pundit’s Mailbag — WGA’s Ambiguities in which Bob Martin of Rio Farms discussed the WGA’s proposal along with the challenges buyer’s demands place on growers. You can find the piece here.

On December 21, 2006, we ran Fighting E. Eoli At The Source, which detailed industry efforts to play offense, not defense, on the food safety front. Read it here. Also on December 21, 2006, we published Pundit’s Pulse of the Industry: Foodbuy’s Maurice Totty, which analyzed how a large organization, the Compass Group, worked to secure food safety. The piece is here.

Additionally on December 21, 2006, we ran Pundit’s Mailbag — Transitional Answers, which focused on the implications of the spinach/E. coli crisis. You can find the article here.

On December 22, 2006, we published Many States Are Weak At Reporting Foodborne Illness, in which we detailed how many foodborne illness outbreaks are not being identified as such due to the condition of many state labs. As they are improved, more foodborne illness will be identified even as the food supply gets safer. You can read the piece right here.

On January 3, 2007, we ran Publix And C.H. Robinson Join Buyer-led Food Safety Initiative, which pointed out the growing buying power behind the initiative. You can read it here.

On January 4, 2007, we published Buyer-led Food Safety Initiative Maturing In More Ways Than One, which detailed the latest letter written by the group. Read it here.

Also on January 4, 2007, we ran Pundit’s Pulse Of The Industry — Ruby Tuesday’s Rick Johnson, in which we heard frank talk about where food safety responsibility lies. Catch it here.

On January 5, 2007, we ran FDA’s Money Problem, which pointed out that funds for research are essential if we are ever to really resolve the trade’s food safety issues. Read the piece here. Also on January 5, 2007, we published Pundit’s Mailbag — More on Manure, in which we explained why manure needs to be banned from spinach cultivation. Catch it right here.

On January 9, 2007, we published Pundit’s Mailbag — Farmers Are Not The Cause Of Food Safety Problems, which contained an important letter pointing out that farmers are expected to deliver “dirty” product to processors. You can read it here.

On January 10, 2007, we ran Pundit’s Mailbag — Oversights In Food Safety, which featured an important letter from Tom Russell of Dynasty Farms/Pacific International Marketing calling for a ban on the use of cow manure in agriculture and a “Right to Irradiate” bill. You can read the piece here.

On January 11, 2007, we ran E-coli 0157:H7 Vaccine Approved For Use In Canada, which related to efforts to stop E. coli 0157:H7 before it can hit the produce fields. Read it here.

Also on January 11, 2007, we published Pundit’s Mailbag — Arguing For Irradiation, which included a letter from Mark Beeler of Watsonville Produce pointing out that we need a “kill step” if the goal is to stop outbreaks. You can find it here.

IMPLICATIONS OF THE CRISISIn addition, the Pundit has done several smaller pieces that touched on various aspects of this crisis. On September 18, 2006, we raised the issue of whether food safety outbreaks such as this raise long-term issues about the viability of cartoon character tie-ins in Who Has Marketing Fortitude? You can read about it here. Also on September 18, 2006, we wrote Fit To Be Tied, which dealt with the way some companies have little sense of decency when it comes to marketing their products in the midst of a crisis. You can read this one right here.

Additionally on September 18, 2006, our Pundit’s Mailbag focused on letters received by United President/CEO Tom Stenzel and incoming Chairman Emanuel Lazopoulos of Del Monte Fresh, which dealt with the confluence of United’s Board Meeting and the spinach crisis as well as issues of industry leadership. You can find this one here.

On September 19, 2006, we noted that there might be a Greenhouse Opportunity in all this. Read this here. Also on September 19, 2006, we noted that, though fruits and vegetables are healthy, fresh produce is not necessarily the best choice for those with a compromised immune system. The piece is called Marketing Nightmare and you can find it right here.

On September 21, 2006, we did a piece called Wal-Mart Deli/Bakery Has Crisis Of Its Own that draws a link between the difficulty of preventing a Salmonella outbreak at one store with the difficulty of preventing an E. coli outbreak on an industry-wide basis. You can read this piece here.

On September 25, 2006, the Pundit noted Another Oddity In Spinach Crisis and raised the question whether some or all of the product being marketed as conventional might not be organic. Read it right here. Also on September 25, 2006, we ran a Pundit’s Mailbag which dealt both with the utility of loyalty card programs and with the nature of large, multi-line fresh-cut packing facilities. You can read this one right here. Also we did a short piece on what change was actually necessary if consumers were to be reassured of the safety of spinach. Read it here.

On September 26, 2006, we discussed the issue of recalls and how insurance plays into that. You can read this here. Also had an unrelated piece on Wegmans that included a video clip on how consumer media is dealing with the reintroduction of spinach. You can catch it here.

Additionally on September 26, 2006, we ran a Pundit’s Mailbag exploring the causes of the outbreak. You can read this piece here.

September 27, 2006, we focused on a piece in the Washington Post that helps us in Putting Things In Perspective. How does the Spinach/E. coli outbreak relate to the total numbers that get sick and die each year from foodborne illness? You can read it right here.

On September 28, 2006, we published a terrific Pundit’s Mailbag exploring the frustration the buy side felt in dealing with the spinach/E. coli situation. Read it here.

October 2, 2006, we had some Questions For Western Growers that asked how far the WGA was willing to go to make sure foreign growers meet the same standards as Salinas area farmers. Read about it here. We also asked How Committed Is The Produce Industry To Broad/National Food Safety Program. You can read the piece here.

In addition, on October 2, we ran Pundit’s Mailbag: Another Despicable Marketing Attempt that pointed out how a seed company was taking advantage of the situation and, possibly, leading to harm, by pushing its products. Read about it here.

On October 4, 2006, we ran a piece entitled Primary And Secondary Suppliers, which details how this food safety crisis has to impact retail vendor selection. Catch it right here. Also on October 4, 2006, we discussed how to help innocent spinach farmers who were victimized by this crisis in Everyone Needs to Do A Little Bit. The Pundit pledged to do its own bit. Read it right here.

October 5, 2006, we ran a piece focused on another outbreak of foodborne illness — in this case, botulism in carrot juice. The focus, however, was on the necessity to change attitudes as the produce industry becomes less a packing industry and more a processing industry. It is called Botulism III, and you can read it here.

On October 6, 2006 we pointed out The Botulism And E. coli Connection where we explained that our focus on pathogens at the product source, though important, is insufficient. Read it here. Also on October 6, 2006 we ran Pundit’s Mailbag: What Are The feds Up To? This answered a reader’s letter inquiring as to whether the FBI being in Salinas implied industry members weren’t cooperating. You can find this item here.

Food Safety, Good Delivery And Temperature Monitoring was published on October 10, 2006, and pointed out that old temperature recording devices have to be superseded by new temperature monitoring technology on all trucking of vulnerable products. Catch the piece here.

On October 11, 2006, we ran a piece that grew out of the decision of Publix to stop giving some perishables away because of food safety concerns it is called Culture of Risk-Aversion Hurts the Poor and you can read it here.

Nunes Tests Negative on October 13, 2006, raises the question of the appropriateness of recalls for generic E. coli in irrigation water. Read it here. Also on October 13, 2006, we ran Lobbying For Better Refrigeration, which pointed out that consumers are not given the tools needed to be vigilant at home. Find it here.

In addition on October 13, 2006, we published PulseNet Redux pointing out, once again, that this outbreak could have been caught earlier had the government not taken off for the weekend. Read it here. Also on October 13, 2006 we ran a Pundit’s Mailbag — Population Inured by Recalls? This piece raised the possibility that frequent recalls, with no subsequent illness, would rebound to the benefit of the trade. Please read it here.

On October 17, 2006, we ran Will Hydroponics Be A Solution To Spinach Woes? and analyzed the potential of hydroponics to head off future outbreaks. Read it here.

October 18, 2006, we had a Pundit’s Mailbag — Thermometers In Refrigerators, in which the Pundit was challenged for urging excessive governmental interference. You can find it right here.

October 20, 2006, we had two pieces related to the Nunes recall on Green Leaf lettuce. First, in a piece entitled Closure For Nunes, we detailed that the product had been declared clean by the FDA. You can read it here. Second, we had a piece entitled Partial Closure In Mexico, which explained that Mexico had decided to allow the import of U.S. lettuce but not spinach. You can find the piece right here.

On November 1, 2006, we ran a piece entitled Canada Opens Door To More, But Not All, US Spinach. You can read it right here. Also on November 1, 2006, we had an interesting Pundit’s Mailbag — The Acceptance Of Risk, which included a fascinating comparison on how the FAA views safety in airlines as opposed to the FDA looking at food. Read it here.

November 3, 2006, we published Food Safety And Why The Problem Will Only Get Worse…Or Won’t, which dealt with the way enhanced detection technology is likely to increase reports of foodborne illness — even as the food supply gets safer. Read it here. Also on November 3, 2006 we ran a brief note entitled Broader Concern For Food Safety, which linked to an FDA-produced slide show on the spinach outbreak as part of a broader food safety perspective. You can catch it right here.

Additionally on November 3, 2006, we ran Pundit’s Mailbag — CPMA’s President Sets The Record Straight, in which CPMA’s President Dan Dempster addressed the importance of communication between the public health authorities in the U.S. and in Canada. Find the piece right here.

On November 7, 2006, we ran FDA Focuses On Retail And Foodservice Food Safety which gave news of an FDA satellite broadcast for retailers and foodservice operators and addressed the general issue of buyers and food safety. Read it here. Also on November 7, 2006, we ran an Erratum correcting some calculations in our previous piece Food Safety And Why The Problem Will Only Get Worse…Or Won’t. You can find it right here.

November 9, 2006, we published Pundit’s Pulse of the Industry: Bigg’s Marvin Lyons, the first of a series of retail interviews looking at how sales at retail are going post-spinach crisis. Read it here. Also on November 9, 2006, we ran Pundit’s Mailbag — Sticking Up for the Pundit, in which an industry leader wrote in to support the work of the Pundit. You can find the piece here.

On November 10, 2006, we highlighted a quick directory of Farm-to-Fork Food Safety Resources. Catch it here.

November 21, 2006 we ran Capitol Report: United Helps Coordinate ‘Spinach Fest’ which focused on an event in D.C. reintroducing spinach to consumers. Read it here. Also on November 21, 2006 we published Pundit’s Mailbag — Woeful Costco Experience, which detailed the difficulty of getting accurate information down to store level personnel. You can find the piece here.

On November 22, 2006 we published Pundit’s Mailbag — Thankfulness in which Harris Cutler of Race-West Company offered a common sense perspective on food safety. Read it here.

November 29, 2006 featured Pundit’s Mailbag — Buyers Lecturing Again, which reminded us that retailers weren’t always focused on consumers or safety in the early years of the national fresh-cut industry. You can find the piece right here.

On November 30, 2006, we published What’s In A Name, recognizing the birth date of Theodor Escherich, for whom the genus Escherichia of which Escherichia coli is the most common member. Read it here.

Also on November 30, 2006, we published Pundit’s Mailbag — Pundit Logic On Food Safety Regulations, which dealt with a letter from Al Zuckerman of ProMark Group trying to find a reasonable proposal on food safety. Catch it here.

On December 1, 2006, we ran Speaking Of Produce Washes, which revealed a study that found that washes and water are all about the same. Read it here.

On January 3, 2007, we published Crisis Management, which suggests that simply having a spokesperson is not sufficient, you need people who actually know to speak for you in a crisis. Read it here.

Also on January 3, 2007, we ran Pundit’s Mailbag — Taco Bell & FDA’s Rush To Judgment, in which Cary Rubin of Rubin Brothers Produce Corp. objected to businesses and government when they speak out based on supposition. Catch it right here.

On January 5, 2007, we published From a Victim’s Perspective, and pointed out how continued consumer concern over produce may impact sales. Read the article here. Also on January 5, 2007, we ran Food Safety Culture, which provided a link to a food safety video that included a terrific presentation by Frank Yiannas, Director of Safety & Health for Walt Disney World. The presentation focused on building a food safety culture. You can find the piece right here.

RESOURCESIn addition to our own work, there are many excellent sources of information out there that do not require payment, membership or registration. Three of the Pundit’s favorites:

The U.S. Food and Drug Administration has offered daily information on the crisis right here.

The Centers for Disease Control and Prevention deal with the outbreak here.

The Produce Marketing Association has maintained an excellent industry resource on the subject right here.

Please feel free to write or call if you are looking for specific information not included here. Note that many of the articles and websites have links to other resources.

Several additional pieces appear in the Perishable Pundit today, and they will be incorporated into future iterations of this Spinach Crisis Summary.